论环境权从自然权利向法定权利的迈进

Transition of Environmental Right from the Natural Right to Legal Right

从多方面入手论证环境权从应有权利迈向法定权利的必然性,对环境权的定义和内容加以总结和归纳,明确环境权的主体,客体及其私权性质,环境权是人权的一部分,根据社会契约论的观点,论证环境权是人们的固有权利,是应有权利,是自然权利。再结合我国的立法现状得出结论,要寻找现在人们所面临的很多环境问题无法救济的出路,就是使公民环境权成为一项法定的权利,在法律上明确规定公民环境权的内容及法律责任。

There is no clear definition of environmental right in China＇s existing legal norms. Such as the constitution about protection of environmental right major stressed that state responsibility and does not directly involved in the substantive content of the enviromnent right. The basic law of environmental protection and single-law also do not require civil environmental right. First of all, the definition and content of environmental rights are summarized and induced. Secondly, the subject of environmental right and properties of private right are discussed. It is concluded that en- vironmental right is a part of human rights and natural right. Finally, it is suggested that making citizen＇s environmental right as a statutory right is a potential way to solve many environmental problems and the content and legal liability of citizen＇s environmental right should be stipulated.